Allahabad High Court
RAMVATIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
Ramvati, the mother‑in‑law of a woman who died by suicide, was charged under sections 85 and 80(2) of the B.N.S. 2023 and sections 3 and 4 of the Dowry Prohibition Act. She applied for bail, arguing that there was no material to support a presumption of dowry death and that she had no prior criminal record. The State opposed bail but did not dispute the factual background. The court, considering the nature of the offence, the lack of incriminating evidence, the applicant’s gender, overcrowded jails, and recent Supreme Court and High Court precedents on bail, granted the bail application with standard conditions. The order directed verification of identity, surety bonds, and electronic communication of the release order.
Issues considered
- Whether the presumption of dowry death can be invoked against the mother‑in‑law in the absence of material showing cruelty.
- Whether the applicant is entitled to bail under Section 480(1) of the B.N.S. 2023 given the nature of the offence and the circumstances of detention.
- Whether the guidelines laid down by the Apex Court and this High Court on grant of bail apply to the present case.
Legislation cited
- B.N.S., 2023 — s. 480(1), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- overcrowded prisons
- Section 480(1) B.N.S.
- Section 85 B.N.S.
- Section 80(2) B.N.S.
- Section 3 Dowry Prohibition Act
- Section 4 Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31554 of 2026
Ramvati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Narendra Kumar Singh, learned counsel for the
applicant, Sri DPS Chauhan, learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 99 of 2026, under sections-
85, 80(2) B.N.S. 2023 and 3/4 Dowry Prohibition Act, Police Station
Kampil, District Farrukhabad, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
is mother-in-law of the deceased, who committed suicide by hanging
herself after a petty dispute over household issues. The applicant has
been falsely implicated merely being mother-in-law of the deceased,
though there is no sufficient material against her to show that she
harassed the deceased for non-fulfillment of demand of dowry prior to
death. The applicant has been falsely implicated by making general
and vague allegations along with other family members. It is further
submitted that for invoking presumption of dowry death in case of
death under unnatural circumstances within 7 years of marriage,
there must be sufficient material to show that the deceased was
subjected to cruelty soon before the death, but there is no such
material. It is further submitted that charge sheet has been filed in the
present case, therefore, there is no requirement of custodial
interrogation. It is further submitted that the applicant has no criminal
BAIL No. 31554 of 2026
2
history and being a lady, she is entitled to be released on bail in view
of Section 480(1) BNSS. The applicant is languishing in jail since
24.06.2026. In case, she is granted bail, she will not misuse the
liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and taking into
account the fact that applicant is a lady and also keeping in view the
nature of offence, evidence, complicity of the accused (mother-in-law)
and also taking into account overcrowded jails and heavy pendency
of criminal cases before the trial courts as well as considering the
mandate of the judgement of the Apex Court in the case of Kapil
Wadhawan vs Central Bureau of Investigation reported in 2025
SCC OnLine SC 3038 as well as guideline of this Court in the case of
Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All
6765 regarding grant of bail and without expressing any opinion on
the merits of the case, I am of the opinion that the applicant is entitled
to be enlarged on bail. Accordingly, the present application is
allowed.
6. Let the applicant- Ramvati, involved in the aforementioned crime
be released on bail, on her furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court
concerned, with the following conditions:-
i. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
BAIL No. 31554 of 2026
3
iv. The applicant shall attend in accordance with the conditions of the
bond executed by her.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through Fatehgarh Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 8, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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